Application for Approval as an Approved Place for Civil Marriages and Partnerships
Last updated | 02/03/2012
The Marriage (Approval of Places)(Scotland) Regulations 2002 is
intended to allow civil marriages to take place outwith local
registration offices without compromising the fundamental
principles of the Law relating to Marriage and Parliament's
intention to maintain the solemnity of the occasion.
How to Apply for an Approval
Application may be made for a Period Approval (ie 1 year, 2
years or 3 years) or a Temporary Approval (ie
one-off). Application(s) for an Approval should be submitted
no later than eight weeks in advance of the desired date on which
the Approval(s) are to commence. This will allow the Council
to make all the necessary checks in relation to the
place. There may be occasions when an approval can be
processed in a shorter period of time but a minimum of 3 weeks is
required to allow time for public notice to be given.
Period Approval
The fees for a Period Approval are £130, £230 and
£325 for a 1 Year, 2 year and 3 year Approval
respectively. No approval will be issued in excess of three
years. An application for a period approval may be made to the
authority by any person.
Temporary Approval
The fee for a Temporary Approval is £75. An
application for a temporary approval may be made to the authority
by either of the parties to an intended civil marriage in respect
of any place which at the time of the application does not have a
period approval, other than one that will expire before the date of
the intended marriage.
It will be the responsibility of the applicant to meet, at their
expense, all necessary conditions/requirements of the Council prior
to Approval being granted. If the local authority has to make
more than two visits to any location to satisfy itself that all
relevant conditions/requirements have been made a further fee of
£75 will be levied.
Application form
The applications forms will shortly be available on-line but in
the meantime please contact Perth Registrars on 01738 475121 for an
application form. The completed application form should be
returned to the Registrars, Perth & Kinross Council, 5 High
Street, PERTH PH1 5JS together with:
- the appropriate fee ( cheques should be made payable to Perth
& Kinross Council),
- one copy of a plan/description,
- for applications outwith permanent fixed premises, one copy of
a location plan and a copy of the necessary permissions
regarding use of and access to the site (eg landlord's
consent),
- a copy of the relevant Public Liability Insurance Policy,
where appropriate,
- a copy of the fire risk assessment, where
appropriate.
Disposal of Application
In order to assess the suitability of the place for the purpose
of conducting a civil marriage and having regard to the guidance
from the Registrar General for Scotland, the Council may arrange
for the place to be inspected before the Approval is
granted. In the event that the application for Approval is
successful, the place may be subject to subsequent inspections
without prior arrangement.
The Council will require to satisfy itself that the place conforms
with all reasonable health and safety provisions and, where
necessary, fire precautions. Where the Council is of the view
that further reasonable provisions are required it will be the
responsibility of the applicant to have these put in place.
The Council will give
public notice of any application identifying the place and the
applicant and, in the case of temporary approvals, the date and
time of the intended marriage.
Any person may give notice in writing to the Council of an
objection to an application for the grant of
approval. The Council shall consider the objection
provided that the objection:
- specifies the name and address of the person making it,
- specifies reasons for the objection,
- was made to the Council within 21 days from the date
on which public notice was given.
Granting an Application
The Council will make a decision on whether to grant an approval
within eight weeks of receiving the application assuming that all
conditions have been met.
Decision by the Council Not to Grant an Application
The Council may decide not to grant an application for
Approval:
- if it considers that any person named on the application form
is not a fit and proper person to hold such an Approval,
- where the place is not considered suitable or convenient for
the purposes of conducting a civil marriage, (ie not seemly and
dignified or demeaning the principles of Marriage Law),
- where the Council has concerns as to the safety of its staff
and others taking part in the ceremony.
Where the Council decides not to grant an application, there is
a right of appeal to the Sheriff. The appeal can only proceed
if the applicant considers that the Council:
- erred in law,
- based its decision on any incorrect material fact,
- acted contrary to natural justice, or
- exercised its discretion in an unreasonable manner.
In upholding an appeal, the Sheriff may:
- remit the case back to the Council for reconsideration of its
decision, or
- reverse or modify the decision of the Council. Thereafter,
an appeal to the Court of Session is allowed only on a point of
Law.
Revocation, Suspension and Variation of Approval
The Council may revoke or suspend an Approval if, in its
opinion, after considering any representations by, on behalf of, or
in relation to the holder of the Approval, that:
- the holder of the Approval has failed to comply with one or
more of the conditions attached to the Approval,
- the approved place is no longer suitable for the solemnisation
of civil marriages, or
- in the case of a Period Approval, the holder of the Approval is
not, or is no longer, a fit and proper person.
If the holder of the Approval ceases to have an interest in the
approved place, the Council may also revoke, suspend or vary
the term of the Approval. Where an Approval has been
suspended or revoked, the Regulations require the holder of the
Approval to notify any couples who had arranged to marry in the
place.
The Council may at any time, subject to providing notice
to the holder of an Approval, vary the conditions attached to a
Period or Temporary Approval on any grounds it thinks fit.
Registration
Details of
period approvals will be held by the Council and
are available for public inspection at any time. These
details will be copied to the Registrar General for Scotland.
